Smart Cities and the Telecom Right of Way Policy, 2024 Paving the Way for IoT and Beyond

It is a common practice that the telecommunication provider use the easementary rights to set up the infrastructure, including aboveground or overground cables and wireless transmission towers on the lands that they do not own.[1] To regulate and simplify the diligence procedure, the Government of India on 17th September 2024, published the Telecommunication (Right of Way) Rules, 2024 in the Official Gazette which came into force on the 1st day of January, 2025.

The primary aim of the Government in enacting these rules was to facilitate establishment of telecom networks by relaxing the regulatory burdens for the same.[2]  This policy takes a huge leap towards advancing the Smart Cities Mission by providing the telecom companies with the mechanism to place the required infrastructure to ensure connectivity essential for establishing Internet of Things (IoT) technologies.

Key Features of the Framework

The Rules aim at providing a robust framework such that the digital backbone which is required to develop the infrastructure in smart cities is supported and they make it easier to lay the apparatus for the same. Before going into the aspect of how this policy will be helpful in achieving the goal let us first examine the key aspects of the policy. Some of the key aspects include:

Greater Transparency and Accountability

Public entity is subjected to greater accountability with the rules dictating it to ensure a speedy scrutiny and approval of the application by the facility provider.[3] The rules provide that the nodal officer[4] must scrutinize the application time-bound manner and give the facility provider the reasons behind rejection of the application, if rejected.

Infrastructural Development

The Rules facilitate the installation of fiber-optic networks, which is helpful in enabling IoT devices in the region, leading to easier access to smart infrastructure and 5G rollout. It helps in meeting the threshold of data connectivity required to enforce the IoT ecosystem.

Faster procedure

The Rules provide for faster maintenance and installation of the infrastructure for the telecom network. It is provided that the infrastructure must be installed speedily and in case there is some damage to the apparatus, there is a mandate that the facility provider must swiftly repair it temporarily to ensure prompt restoration of the services.[5] Additionally, it mandates that the facility provider must restore the damaged infrastructure within a period of sixty days, which may extend to ninety days.[6]

Common Duct and Cable Corridor

Chapter VI of the Rules provide for Common Duct and Cable Corridor to the facility providers. This states that the public entity shall make available such ducts or cable corridors without any discrimination, provided that the facility provider pays the required charges.[7] This will provide for enhancing the last minute connectivity and help in further development of the digital infrastructure in India.[8]

Role in Development of Smart Cities

These revolutionary changes will encourage better connectivity and infrastructure in the cities which will ensure that there is adequate infrastructure to place the IoT, which will facilitate the development of smart cities across India with more accessible data. The data obtained, upon being analysed, will help in the formulation of policies as it will aid in providing better knowledge of the socio-ecological ecosystem of the society.[9]

Some of the examples by which IoT can be applied for making smart cities include using them to manage the traffic, public utilities, surveillance, and waste management. IoT can be used to in integrating the data obtained because of the infrastructure laid down owing to the favourable policies in these Rules, which encourages the service providers to lay down the required apparatus.

In management of traffic, live cameras can be placed and regulated such that the traffic is monitored and the traffic flow is regulated based on the density of traffic from each side. Connecting the cameras and traffic lights with each other will help in increasing the road safety.

IoT can even be used to manage the supply of public facilities such as water. Based on the pressure on the demand of the water, the supply can be regulated. The quality and quantity of the water can be monitored such that seamless supply of quality water is ensured.[10] Leaks can also be monitored to avoid wastage of water. Such mechanism can be created for all public utilities including electricity, sewage and sanitation services.

With better surveillance, it can become easier for the administration to ensure that the law and order is maintained in the society. Such mechanism can be of great significance as it will facilitate better monitoring and law enforcement as it will become easier to track down the criminals. Constant monitoring of each place will ensure that adequate and timely aid is provided to regions that are affected due to any misfortune.

A recent application of Internet of Things is Internet of Nature. In this, technologies such as Information and Communication Technologies, Data loggers, cloud computing, and sensors are used to monitor the nature and get a better understanding of the functioning of the ecosystem and liking the social and ecological system.[11] It will help in not only monitoring the nature but also in better management of the natural elements of urban life.

Such measures being adopted will not only help in making it easier to regulate and foster growth, but also in ensuring that it is done in a sustainable manner. It will help in better monitoring of the society and the environment and will also play a major role in meeting the goals of controlling global warming.

Implementation

These advancements look ideal in theory but, their implementation becomes a cumbersome task because of the high costs and multiplicity of stakeholders involved. Local people might oppose laying of such large amount of wires and towers because of the high amount of radiations and negative effect on the aesthetics. Additionally, they will occupy large area, causing reduction in the green area.

To resolve this issue, a way out of it is by adopting Public-Private Partnerships. Private players can be of great help as they have the capability to invest large sums into the infrastructure. Shared burden will help ease the pressure on both the parties. Tax benefits can be offered to the private players to incentivize them into investing.

Using the top of tower for placing solar panels can be a huge advancement as it will make up for the lost green area by helping in producing renewable energy. Proper implementation of the common duct and cable corridor will prove to be of great significance as it will prevent unnecessary wastage of space and will be greener for the environment.   

Conclusion      

The Policy is more than just a regulatory update as it acts as a catalyst by transforming India into a well-connected, and data-driven society. By supporting initiatives like, IoT and smart city initiatives, the policy ensures that urban centres have the potential of evolving into hubs of innovation and efficiency. It lays the foundation to transform the urban landscapes into smart and sustainable ecosystems.

Seamless connectivity, coupled with applications of Internet of Things, can lay a solid base as the urban structures are innovated while, at the same time preserving the environment for the future generations. This dual focus on technology and sustainability can position India as a global leader in responsible urban development.

Citations

[1] S. Nunn, Public Rights-Of-Way, Public Management, and the New Urban Telecommunications Infrastructure, 3 Public Works Management & Policy 51, 51 (1998), available at https://doi.org/10.1177/1087724X9800300105, last seen on 04/02/2025. 

[2] H. Walia & S.A. Yermal, Way Forward for Right Of Way: New Rules Notified under the Telecom Act, Mondaq, available at https://www.mondaq.com/india/telecoms-mobile-cable-communications/1495338/way-forward-for-right-of-way-new-rules-notified-under-the-telecom-act, last seen on 03/02/2025.

[3] Rule 7, The Telecommunication (Right of Way) Rules, 2024.

[4] Rule 2(g), The Telecommunication (Right of Way) Rules, 2024

[5] Rule 10, The Telecommunication (Right of Way) Rules, 2024.

[6] A. Obhan & J. Aggarwal, Telecommunication Right of Way Rules, 2024, Lexology, available at https://www.lexology.com/library/detail.aspx?g=17620e29-7288-4030-b190-b8c32722f229, last accessed on 03/02/2025.

[7] Rule 17, The Telecommunication (Right of Way) Rules, 2024.

[8] A. Rana, A. Iyer & A. Singh, Update – Draft Telecommunications Right of Way Rules, 2024, AZB& Partners, available at https://www.azbpartners.com/bank/update-draft-telecommunications-right-of-way-rules-2024/, last accessed on 04/02/2025.

[9] R. Kitchin, The real-time city? Big data and smart urbanism, 79 GeoJournal 1, 3 (2014), available at https://doi.org/10.1007/s10708-013-9516-8, last seen on 06/02/2025.  

[10] N.S. Kamaruidzaman & S.N. Rahmat, Water Monitoring System Embedded with Internet of Things (IoT) Device: A Review, 498 in IOP Conference Series: Earth and Environmental Science (2020), available at 10.1088/1755-1315/498/1/012068, last seen on 05/02/2025.   

[11] N.J. Galle, S.A. Nitoslawski & F. Pilla, The Internet of Nature: How taking nature online can shape urban ecosystems, 6 The Anthropocene Review 279, 284 (2019), available at https://doi.org/10.1177/2053019619877103, last seen on 06/02/2005.